Legal Representation for Personal Injury
Personal Injury Lawyers
When you have been victimized or suffered a personal injury in an accident, you must deal with the consequences every moment of your day. There may be pain and disability, medical bills piling up, the stress of doctor's appointments, and so much more. You've got a lot to consider. As the many consequences of your situation make themselves apparent, you'll need help getting your life back on track. We encourage you to contact the Arizona personal injury law firm of Mick Levin, PLC today. Here you will find considerate, knowledgeable professionals that will be there for you, to achieve the results you deserve in your time of need.
What Is Personal Injury?
Personal injury is a legal term for an injury to the body, mind or emotions — as opposed to an injury to property. The term is most commonly used to refer to a type of civil lawsuit alleging that the plaintiff's injury has been caused by the negligence of another, and for determining grounds to compensate a grieving party for any damages or injuries suffered.
Most personal injury cases are based on the doctrine of negligence, which requires every member of society to act responsibly and avoid putting others at risk. Because some accidents are simply unavoidable, to establish liability, the plaintiff must show how the defendant fell below our "community standard", how a reasonably prudent person in the defendant's position would have acted differently under similar circumstances. The plaintiff must demonstrate how the responsible party ignored the risk posed to others, and as a result, the plaintiff was injured.
Every personal injury claim has two basic issues: liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, the Arizona system of justice will award you compensation (usually money) for your loss. Once the plaintiff has established negligence in a personal injury case, the defendant will be ordered to pay the plaintiff for damages. Easy to calculate damages include reimbursement for property damage and medical bills. However, some damages may require expert testimony may be required for, which may include loss of earning capacity, emotional distress, or pain and suffering. Punitive damages may also be awarded. Punitive damages are meant to punish and deter particularly indifferent or offensive conduct.
There are scenarios in which defendants will be liable even though they did everything possible to avoid causing the harm. This is referred to as strict liability. The claimant need only prove that the injury occurred and that the defendant was responsible. The law imputes strict liability to situations it considers to be inherently dangerous, such as building demolition. Strict liability law has the effect of simplifying and thereby expediting court decisions in these cases.
Other common personal injury cases involve injuries caused by defective products. Liability in these cases can be imposed based on a theory that the manufacturer acted negligently by designing and selling an unsafe product. Or plaintiffs hurt by a defective product may be able to sue under a strict liability theory.
To defend against personal injury liability, defendants tend to rely on a few common defense theories. In negligence cases, the defendant may argue that the plaintiff did not use due care, and is partially or wholly responsible for his or her own injury. The defendant may also claim that the plaintiff "assumed the risk" by voluntarily participating in a dangerous sport or activity, or that the plaintiff impliedly gave the defendant permission to take the action that ended up harming the plaintiff.
There is almost always a statute of limitations, or deadline for filing, involved in every personal injury lawsuit. Plaintiffs who want to avoid losing a personal injury case in Arizona should hire legal counsel. Of course, we recommend Mick Levin, PLC. Call us today!